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(영문) 서울북부지방법원 2019.01.25 2018고합452
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Around September 2017, the Defendant: (a) committed a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (rape) at the “C” drinking house located in Dongjak-gu Seoul Metropolitan Government, and (b) took the victim’s home in the same Gu F, with the victim’s D (the victim’s 17 years old), E and E after drinking; and (c) took the victim’s home in the same Gu F.

The Defendant, under the influence of alcohol, exceeded the victim’s panty and sexual intercourse once.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of mental disorder of the victim who is a child or juvenile.

2. Around 01:40 on July 18, 2018, the Defendant promised to pay KRW 1.50,000 to the victim I (the age of 23) and to engage in hosting with the “H”, which is a smartphone hosting application.

The Defendant, in front of the K Hospital in Jung-gu in Seoul, moved the victim to the N party next to the NP in the same Gu while getting the victim to get on the top of the L SPP car in which the Defendant is driving.

The Defendant stated that “I will raise money from the rear seat above the back seat of the Defendant,” thereby allowing the victim to leave the back seat of the said vehicle without giving money to the victim, and did not object to the victim, such as “I would like to leave the victim to the back seat without giving money to the victim, I would be able to leave the victim’s body to the back seat without coming to the victim’s own seat, she would be placed on the back seat of the victim, she would be placed on the victim’s body, her hand, her hand, her hand, and the victim did not object to the victim, such as “I would see how I would see how I would am? I would am? I would am soon before the victim’s sexual organ, and sexual intercourse once with the victim.”

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of I (No. 1, 10) and D;

1. Report on internal investigation (case of confirmation of the place of occurrence), investigation report, victim’s telephone statement;

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